Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P.Colabawalla, J.
Jeevan Asha Trusts Asha Shishugruha – Appellant
Versus
Giuliano Nav. Italian National – Respondent
Foreign Adoption Petition No. 13 of 2022 with Judges Order (L) No. 20751 of 2022
Decided On : 21-07-2022
Rakesh Kapoor, Advocate, O.Hareendran, Advocate, Shonali Dighe, Advocate
The best interest of the child is a paramount consideration in adoption cases, and the court's decision is guided by the relevant provisions of the Juvenile Justice Act, 2015 and international adoption regulations.
Headnote:
Foreign Adoption - Juvenile Justice Act, 2015 - sec. 38, sec. 59(7) - Adoption Regulations 2017 - Article 17(c) of the Hague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption 1993
Fact of the Case:
The Foreign Adoption Petition seeks the adoption of a female minor Kaveri, born on 24/11/2015, by Italian nationals residing in Italy.
Finding of the Court:
The court found it in the best interest of the child to be adopted by the Proposed Adopters and granted the reliefs sought in the petition.
Issues: Adoption of the minor, declaring adoptive parents, granting parental rights, privileges, and responsibilities, issuance of Birth Certificate, and permission to remove the minor from the jurisdiction of the court.
Ratio Decidendi: The court considered the provisions of the Juvenile Justice Act, 2015, Adoption Regulations 2017, and Article 17(c) of the Hague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption 1993 to make its decision.
Final Decision: The petition for foreign adoption was allowed, and the court granted the reliefs sought in the petition, disposing of the Foreign Adoption Petition with no order as to costs.
JUDGMENT
B.P.COLABAWALLA, J. - This Foreign Adoption Petition is filed seeking the adoption of a female minor Kaveri, born on 24/11/2015. The couple who proposed adopt the said minor are residents and citizens of Italy.
2. The representation of the Indian Council of Social Welfare [ICSW] is also tendered before me today and taken on record and marked "X" for identification.
3. The female minor Kaveri was found abandoned by the Child Line, Parbhani on 24/11/2020 and produced before the Child Welfare Committee [for short "CWC"], Parbhani on the same date. The Child's custody was given to the petitioner Institution as per the order of the said CWC, Parbhani dtd. 24/11/2020. The said admission order can be found at page Nos. 18 to 21.
4. After making due inquiry under sec. 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) the Child Welfare Committee, Parbhani declared the said minor Kaveri, "Legally Free for Adoption" as on 18/1/ 2021. The Free for adoption Certificate is on record at page No. 17.
5. The Central Adoption Resource Authority (CARA), New Delhi has issued its No Objection Certificate [dtd. 13/3/2022] to this adoption as per the Adoption Regulations 2017 and Article 17(c) of the Hague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption 1993. The said No-objection Certificate can be found at Page No. 30.
6. The undertaking/affidavit of the petitioner is on record at page Nos. 23-28.
7. The Proposed Adopters are Italian nationals, both residing at Milan, Italy aged about 48 and 49 years respectively. They have been married for the past 17 years (4/ 9/2004) with no biological children.
8. The Proposed Adopters Joint Family Photograph and Copies of Passport are on record at page Nos. 30-35.
9. The Motivation Letter of the proposed adopters is on record at page No. 49.
10. The Medical reports dated 18/9/ 2020 of the proposed adopters are on record and it states that both enjoy good psychophysical health. Their HIV and HBsAg Test Reports certify the case as Negative. These reports are at Page Nos. 52 to 75.
11. The Prospective Adoptive father is working as a Financial Analysis Specialist with Intesa Sanpaolo S.P.A. in Milan, Italy since 1995 and his gross annual income in 2019 amounted to EUR 57, 303.75. His Employment Certificate & Income Tax Return are on record at page Nos. 76-81.
12. The Prospective Adoptive mother is working as a Protection Specialist in the Protection Coordination Unit of Milan Intesa Sanpaolo S.P.A. Italy since 9/4/1997 and her annual income in 2019 amounted to EUR 42, 367.00. Her Employment certificate & Income Tax Return are on record at page Nos. 82-88.
13. The Financial/Assets Statement is on record at page Nos. 89-92.
14. The Childcare Arrangements statement from the proposed adopters is on record at page No. 93.
15. The home study report dated 22/ 10/2020 by the authorities of "CIFA ONG for Children" Torino, Italy is on record and the report has found the proposed adopters suitable for adopting a child. The said home study report is at page Nos. 96-121.
16. The Psychological Evaluation Report of the prospective adoptive parents dtd. 19/10/2020 by the Psychologist is on record and the report has recommended the couple for the adoption of an Indian child. This report can be found at page Nos. 122-127.
17. The Approval Decree dated 7/3/ 2017 from the Juvenile Court of Milan and Permission to enter and reside permanently in Italy by the Presidency of Council of Ministers, Italy dtd. 19/5/2022 are on record at page Nos. 128-137.
18. The child Security undertaking dtd. 18/5/2022 of the Adoptive mother's brother and sister-in-law residing at Milan, Italy to take care of the child in case of any unforeseen mishap to the proposed adopters is on record at page No. 166.
19. The Medical Examination report of the minor dtd. 20/1/2022 is on record and it states that Kaveri is a Normal child. The Proposed Adopters have countersigned thi
